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任何制度或者原则的生成、存在并发展壮大,必须有适合其生长的条土壤。控辩交流合作的存在,不仅仅是诉讼效益、控辩双方的需求等现实压力,更为重要的是的它还必须与自己的社会和文化“基因”相匹配。因此,研究控辩交流合作就应当考察我国的传统思想文化,而我国传统的“和谐”理念和近代的“契约”观念为控辩交流合作提供了坚实基础。
The formation, existence and development of any system or principle must have a suitable soil for its growth. The existence of prosecution and defense exchanges and cooperation is not only the real pressure of litigation benefits and the demands of both prosecutors and defenders. More importantly, it must also be matched with its own social and cultural “genes.” Therefore, to study the exchanges and cooperation between prosecutor and defense, we should study the traditional ideology and culture of our country, and our traditional concept of “harmony” and modern “contractual” concepts provide a solid foundation for the exchange and cooperation of prosecution and defense.